Terms of Service
QUERO AUTOMAÇÃO TECNOLOGIA DA INFORMAÇÃO LTDA (“Quero Automação”), a limited liability company, registered with the CNPJ/MF under No. 32.460.281/0001-51, is a private legal entity that, through the website and application Quero Automação (“Platform”), connects promising contracting parties (“Contractor”) and promising service providers (“Providers”).
Through these General Terms and Conditions of Use (“Terms”), Quero Automação presents to users in general, Contractors and Providers (all together referred to as “Users”) the essential conditions for the use of the services offered on the Platform.
By using the Platform or using the services offered by Quero Automação, Users accept and submit to the conditions of these Terms and the Privacy Policies, as well as all documents attached to them.
All items of these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to the interpretation, compliance or any other question related to these Terms, the parties agree to submit to the Court of the District of São Paulo.
OBJECT
The services covered by these Terms consist of:
Allow Contractors who use the Platform to freely and without direction or interference to contact the registered Providers;
The Platform presents the Contractors with a list of Providers, who may or may not offer their Services (“Services”) to the Contractor.
Enable direct contact between Providers and Contractors interested in acquiring the Services, through the disclosure of contact information from one party to the other.
Quero Automação, therefore, allows Users to contact and negotiate with each other directly, without intervening in the contact, negotiation or execution of business, not being, in this capacity, a provider of any Services advertised by its Users on the Platform.
As a classified of Services, Quero Automação does not impose or interfere in any negotiation about condition, value, quality, form or term in the contract between the Contractors and Providers, nor does it guarantee the quality or delivery of the Services contracted between the Users.
By using the Platform, the User declares to have read, understood and accepted the Terms.
ABILITY TO REGISTER:
Quero Automação services are available to individuals and legal entities regularly registered in the federal and state taxpayer registers that have the legal capacity to contract them. Thus, people who do not enjoy this ability, including minors or people who have been temporarily or permanently disqualified from Quero Automação, cannot use them. Users are hereby warned of the legal sanctions set forth in the Civil Code.
It is forbidden to create more than one registration per User. In case of multiplicity of registrations prepared by a single User, Quero Automação reserves the right, at its sole discretion and without the need for prior consent or communication to the Users, to disable all existing registrations and prevent any future registrations linked to them.
Only the linking of a registration to a CPF, a telephone and an e-mail will be allowed, and there can be no duplication of data in any case.
Quero Automação may unilaterally delete the registration of Users when it is verified that the User’s conduct is or will be harmful or offensive to other Users, Quero Automação and its employees or third parties.
REGISTRATION
It is necessary to complete all the personal data required by Quero Automação at the time of registration, so that the User is able to use the Platform.
It is the sole responsibility of the Users to provide, update and guarantee the veracity of the registration data, and Quero Automação is not entitled to any type of civil and criminal liability resulting from untrue, incorrect or incomplete data provided by the Users.
Quero Automação reserves the right to use all valid and possible means to identify its Users, as well as to request additional data and documents that it deems pertinent in order to verify the personal data informed.
If Quero Automação considers a registration, or the information contained therein, to be suspected of containing erroneous or untrue data, Quero Automação reserves the right to suspend, temporarily or permanently, the User responsible for the registration, as well as to prevent and block any advertising or registration of Services and to cancel advertisements published by him/her, without prejudice to other measures it deems necessary and opportune. In the event of the application of any of these sanctions, Users will not be entitled to any type of indemnity or compensation for losses and damages, loss of profits or moral damages.
The User will access his/her account by means of a nickname (login) and password, committing not to inform third parties of this data, being fully responsible for the use that is made of them.
The User undertakes to notify Quero Automação immediately, through the contact channels maintained by Quero Automação on the Platform, regarding any unauthorized use of their account. The User will be solely responsible for the operations carried out in his account, since access will only be possible through the use of a password of his exclusive knowledge.
Under no circumstances will the assignment, sale, rental or other form of transfer of the account be allowed. The creation of new registrations by people whose original registrations have been canceled due to violations of the policies of Quero Automação will also not be allowed.
The nickname that the User uses in Quero Automação cannot be similar to the name Quero Automação. Nor may any nickname be used that insinuates or suggests that the Services will be provided by Quero Automação or that they are part of its promotions. Nicknames considered offensive or that infringe the legislation in force will also be eliminated.
Providers are not allowed to present themselves to Contractors as employees, service providers or contractors of Quero Automação. The Contractors understand that the Providers are not subordinate to Quero Automação in any way.
Quero Automação reserves the right, unilaterally and without prior notice, to refuse any registration request and to cancel a previously accepted registration.
MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS
Quero Automação may change, at any time and at its sole and exclusive discretion, these Terms. The new Terms will come into force 10 (ten) days after they are published on the Platform. Within five (5) days from the publication of the modifications, the User must inform by e-mail if he/she does not agree with the changed terms. In this case, the contractual relationship will cease to exist, as long as there are no open accounts or debts. If there is no manifestation within the stipulated period, it will be understood that the User has tacitly accepted the new Terms, and the contract will continue to bind the parties.
The services offered by Quero Automação may be different for each region of the country. These Terms shall be interpreted in accordance with the region in which the Provider was registered.
CONTACT BETWEEN USERS
The Platform presents Contractors with a list of Providers, who may, of their own free will, choose to contact Providers through WhatsApp, social networks, email, telephone or other form specified by the Provider.
Users declare that under no circumstances can they hold Quero Automação responsible for the failure of any negotiation, whatever the reason, including failure in communication, poor provision of services, or any other activities related to the contracting and/or provision of the service.
INFORMATION PRIVACY
All information or personal data provided by the User of Quero Automação are stored on servers or high-security magnetic media.
Quero Automação will take all possible measures to maintain the confidentiality and security described in this clause, but will not be responsible for damages that may be derived from the violation of these measures by third parties who use improper, fraudulent or illegal means to access the information stored on the servers or databases used by Quero Automação.
Quero Automação may use the Users’ data for analysis, studies, preparation of reports, everything as necessary for the proper functioning and development of the platform and the services offered.
Quero Automação will collect information pertinent to transactions or other business carried out through Quero Automação and may use it for commercial purposes or to improve its functionalities.
Quero Automação does not have access to the content of calls or communications between Users.
The nickname and password of each User serve to guarantee their privacy and security. Quero Automação recommends its Users not to share this information with anyone. Quero Automação is not responsible for damages or losses caused to the User by sharing this information.
All information provided by Users to Quero Automação is protected by specialized companies.
Quero Automação follows the security standards commonly used by companies that work with data transmission and retention to ensure the safety of their Users. However, no method of electronic data transmission or retention is fully secure and may be subject to external attack. Thus, despite using all possible and appropriate means, Quero Automação cannot guarantee the absolute security of the information provided.
Quero Automação collects and stores all the information provided by its users while using its platform.
Users’ name, e-mail and other data may be used to send notifications, information about the account or Services provided, notices about violations of the Term and other communications that Quero Automação deems necessary. Users may request Quero Automação to delete them from their mailing list.
Quero Automação will provide all information requested by public agencies, as long as it is duly justified and compatible with the law in force.
Quero Automação uses cookies and software to monitor its Users to provide its Users with the best possible navigation, based on their needs, and for internal research. These cookies do not collect personal information, they only inform each User’s usage and browsing preferences, in addition to providing Quero Automação with statistics and data to improve its services.
SIGNATURE
Providers may subscribe to have their registration listed on the Platform.
The subscription can be made through online payment methods that have a contract with Quero Automação. Payment methods also have their terms of use, which must be accepted in order for Users to be able to carry out transactions.
Subscription prices are subject to change without notice.
It is the Provider’s obligation to inform Quero Automação of any failure or error in the transaction so that it can be remedied as soon as possible.
CANCELLATION POLICY
The subscription has its validity period depending on the plan chosen. By law, the User has 7 (seven) days to cancel the subscription and receive the amount in full, either by credit card chargeback or deposit in a checking account
At the end of the chosen plan, the renewal will take place automatically, again valid for 7 (seven) days for cancellation.
The Provider may cancel the plan at any time, but after 7 (seven) calendar days, no amount will be refunded under any circumstances.
PROHIBITED SERVICES AND ADVERTISEMENTS AND BUDGETS
Quero Automação is an online classifieds platform for Services, and the placement of any advertisement or request for a budget for the sale, rental, exchange or any form of transfer of possession or ownership of any movable or immovable property is prohibited.
The placement of advertisements for services that are illegal in accordance with current legislation or that may be considered offensive to third parties are also prohibited.
Quero Automação will exclude, unilaterally and without any prior notice, that User who disrespects the rules contained in this section.
Any User or individual or legal entity who feels offended by any advertisement published on the Platform may request Quero Automação to delete that advertisement from its Platform, through its service channels.
QUALIFICATION SYSTEM FOR PROVIDERS
Providers accept and submit to the qualification system adopted by Quero Automação.
Providers agree that Quero Automação may cancel, delete or suspend for an indefinite period of time registrations that repeatedly present negative qualifications.
The Providers will not be entitled to any type of indemnity or reimbursement for losses and damages, loss of profits and moral damages, due to the qualification attributed to the Services advertised.
If the excluded Provider has contracted a plan, Quero Automação will refund the amounts of the contracted plan, within 60 days, proportionally to the time of the contracted subscription plan.
The excluded Provider must send a copy of the RG, CPF and proof of residence to be entitled to the return of amounts. The 60-day period for the return of the amounts will begin to be counted from the date of receipt of all documents by Quero Automação.
Considering that the comments posted are the personal opinions of the Users, they will be responsible for the opinions published on the Platform, whether before Quero Automação, before the Providers, third parties, government agencies or other Users of the site, exempting Quero Automação from any responsibility related to the publication of the comments.
Quero Automação reserves the right to unilaterally delete and at its sole discretion, comments that contain and registrations of Users who practice:
Offense to the honor, image, reputation and dignity of third parties;
Pornography, pedophilia, and other forms of sexual satisfaction;
Racism or discrimination of any kind;
Bullying, Stalking or any other kind of illegal embarrassment or harassment;
Manifest violation of copyright or image rights;
Use of third party trademarks, symbols, logos or emblems;
Instigation or apology for the practice of crimes, such as trafficking or use of narcotics, rape, homicide, embezzlement, among others;
Errors or suspected mistakes.
OBLIGATIONS OF USERS
The Contractor must have the legal capacity to provide the Service.
Because Quero Automação is not a party to the transactions for contracting the Services that are carried out between Users, the responsibility for all obligations arising therefrom, whether tax, labor, consumer or of any other nature, will be exclusively of the Contractor, the Provider or both, as the case may be. In the event of a judicial interpellation that has as Defendant Quero Automação, whose facts are based on actions of the Provider, the latter will be called to the process, and must bear all the burdens arising therefrom, including expenses with fees, emoluments, agreements, attorney’s fees, among others. As it does not appear as a party to the transactions that take place between Users, Quero Automação cannot oblige Users to honor their obligations or to carry out the negotiation.
Quero Automação is not responsible for the tax obligations that fall on the activities of Users. As established by the relevant legislation in force, the Contractor must require an invoice from the Provider in its transactions. The Provider, in accordance with the law in force, will be responsible for complying with the entirety of the obligations arising from its activities, notably those related to applicable taxes.
PROHIBITED PRACTICES
It is strictly forbidden for Users, among other attitudes provided for in these Terms, to manipulate, directly or indirectly, the prices of the Services advertised.
Providers are prohibited from posting the same advertisement, content, item or service in more than one category and/or repeatedly. Quero Automação reserves the right to delete repeated advertisements or services, as well as to suspend or delete the registration of the Provider responsible for the duplicity.
Users may not: (i) Obtain, store, disclose, sell and/or use personal data about other Users for commercial or illicit purposes; (ii) Use automatic means, including spiders, robots, crawlers, data scraping tools or the like to download data from the website (other than Internet search engines and non-commercial public files); (iii) Circumvent, or attempt to circumvent, in any way whatsoever, the system, mechanism and/or platform of the website; and (iv) include means of contact such as telephone, e-mail, address and other forms of communication in the offers.
BREACH OF THE SYSTEM OR DATABASE
The use of a device, software or other resource that may interfere with the activities and operations of the Platform, as well as the advertisements, descriptions, accounts or their databases, is prohibited. Any intrusion, attempt of, or activity that violates or contravenes the laws of intellectual property rights and the prohibitions stipulated in these Terms will make the responsible party liable to suffer the effects of the pertinent legal actions, as well as the sanctions provided for herein, and is also responsible for indemnifying Quero Automação or its Users for any damages caused.
SANCTIONS
Without prejudice to other measures, Quero Automação may, at its sole discretion and without the need for prior consent or communication to Users, warn, suspend or cancel, temporarily or permanently, the User’s registration or advertisements, and may apply a sanction that negatively impacts its reputation, at any time, initiating the appropriate legal actions and suspending the provision of its services. if: (i) the User does not comply with any provision of these Terms and the other policies of Quero Automação; (ii) fail to comply with your duties as a User; (iii) practice criminal or criminal acts; (iv) the User’s identity cannot be verified, any information provided by the User is incorrect or if the information provided leads to believe that the registration is false or from a different person; (v) I want Automation to understand that the ads or any other attitude of the User have caused any damage to third parties or to Quero Automação or have the potential to do so.
In the event of temporary or permanent suspension of the Provider’s registration, all active listings and offers made will be automatically canceled.
In case of temporary suspension, the plan contracted by the Provider will be suspended until the rehabilitation of the Provider’s registration, when it will be in force normally again.
In case of permanent suspension or exclusion of the Provider due to proof or suspicion of fraud against Quero Automação or Contractors, Quero Automação will not refund the amounts of the contracted plan.
Quero Automação reserves the right, at any time and at its sole discretion, to request the submission of personal documentation or any document that proves the veracity of the registration information.
In case of request for documents, any deadlines determined in these Terms will only be applicable from the date of receipt of the documents requested from the Provider by Quero Automação.
RESPONSIBILITIES
Quero Automação is not responsible for technical and/or operational vices or defects arising from the User’s system or from third parties.
Quero Automação is not responsible for the delivery of the Services advertised by the Providers on the Platform.
Quero Automação is also not responsible for the existence, quantity, quality, state, integrity or legitimacy of the Services offered or contracted by Users, as well as for the Users’ ability to contract or for the veracity of the personal data provided by them. Quero Automação, as it is not the owner, depositor or holder of the products offered, does not grant a guarantee for hidden or apparent defects in the negotiations between Users. Each User knows and accepts to be solely responsible for the Services they advertise or the offers they make.
Quero Automação will not be responsible for reimbursing its Users for any expenses with telephone calls, data packages, SMS, messages, emails, correspondence or any other amount spent by the User due to contact Quero Automação or any other User, for any reason whatsoever.
Quero Automação cannot be held responsible for the effective fulfillment of the obligations assumed by the Users. Users acknowledge and accept that, when conducting negotiations with other Users, they do so at their own risk, recognizing Quero Automação as a mere provider of services for the provision of virtual space for advertising the Services offered by third parties.
In no case will Quero Automação be responsible for the loss of profit or for any other damage and/or loss that the User may suffer due to the trades carried out or not carried out through the Platform, arising from the conduct of other Users.
As these are negotiations carried out electronically between two Users who did not know each other prior to the negotiation, Quero Automação recommends that every transaction be carried out with caution and prudence.
In the event that one or more Users or any third party initiates any type of claim or legal action against another or other Users, each and every one of the Users involved in the claims or actions exempts Quero Automação and its directors, managers, employees, agents, workers, representatives and attorneys from all liability.
Quero Automação reserves the right to assist and cooperate with any judicial authority or government agency, and may send registration or business information of its Users, when it considers that its assistance or cooperation is necessary to protect its Users, employees, collaborators, administrators, partners or any person who may be harmed by the action or omission fought.
SCOPE OF SERVICES
These Terms do not generate any partnership agreement, mandate, franchise or employment relationship between Quero Automação and the User. The User is aware that Quero Automação is not a party to any transaction carried out between Users, nor does it have any control over the quality, security or legality of the Services advertised by the Users, over the veracity or accuracy of the advertisements prepared by the Users, and over the ability of the Users to negotiate.
Quero Automação cannot guarantee the success of any transaction carried out between Users, nor verify the identity or personal data of Users. Quero Automação does not guarantee the veracity of the publication of third parties that appears on its Platform and will not be responsible for the correspondence or contracts that the User enters into with third parties.
PROBLEMS ARISING FROM THE USE OF THE SYSTEM
Quero Automação is not responsible for any damage, loss or loss suffered by the User due to failures in their internet connection, with their provider, in the system, with the SMS system, with the telephone line or in the server used by the User, resulting from the conduct of third parties, fortuitous event or force majeure.
Quero Automação is not responsible for the compatibility between its Platform and hardware owned by the User. The User must keep their equipment up to date and cannot hold Quero Automação responsible if the Platform is not accessible on outdated equipment.
Quero Automação will also not be responsible for any virus, trojan, malware, spyware or any software that may damage, alter the settings or infiltrate the User’s equipment as a result of access, use or browsing on the Internet, or as a consequence of the transfer of data, information, files, images, texts or audio.
INTELLECTUAL PROPERTY AND LINKS
The commercial use of the expression “I Want Automation” as a brand, business name or domain name, as well as the logos, brands, insignia, content of the screens related to the services of the Platform and the set of programs, databases, networks and files that allow the User to access and use their account, are the property of I Want to Automate and are protected by laws and international copyright treaties. trade marks, patents, models and industrial designs. The improper use and total or partial reproduction of said contents are prohibited, except with the express authorization of Quero Automação.
INDEMNITY
The User will indemnify Quero Automação, its subsidiaries, controlled companies, direct or indirect controllers, directors, administrators, collaborators, representatives and employees, including attorneys’ fees, for any claim brought by other Users or third parties, arising from the activities of the former on the Platform, any non-compliance, by the former, with the Terms and other policies of Quero Automação or, even, of any violation by the User of the law or the rights of third parties.
APPLICABLE LAW AND VENUE OF CHOICE
All items of these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to the interpretation, compliance or any other question related to these Terms, the parties agree to submit to the Court of the District of São Paulo.